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November 11, 2016
Facts | WHAT DOES ALTISOURCE DO WITH YOUR PERSONAL INFORMATION? |
Why? | Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share and protect your personal information. Please read this notice carefully to understand what we do. |
What? |
The types of personal information we collect and share depend on the product or service you have with us. This information can include:
|
How? | All financial companies need to share such customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information, the reasons Altisource chooses to share, and whether you can limit this sharing. |
Reasons we can share your personal information | Does Altisource share? |
Can you limit this sharing? |
For our everyday business purposes - such as to process your transactions, maintain your account(s), respond to court orders and legal investigations or report to credit bureaus | Yes | No |
For our marketing purposes - to offer our products and services to you | Yes | No |
For joint marketing with other financial companies | Yes | No |
For our Affiliates' everyday business purposes - information about your transactions, experiences (excluding information about your creditworthiness) | Yes | No |
For our Affiliates' everyday business purposes - information about your creditworthiness | Yes | Yes |
For our Affiliates to market to you | Yes | Yes |
For non-Affiliates to market to you | No | We don't share |
To limit our sharing | Please send us an email to OptOutRequest@Altisource.com, with your name and address, specifying any of the following options:
Note: If you are no longer our customer, we may continue to use and/or share your information as described in this notice. However, you can contact us at any time to limit our sharing as described above. |
Who we are | |
Who is providing this notice? | Altisource Solutions S.Ã r.l. ("Altisource") |
What we do | |
How does Altisource protect my personal information? | To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. |
How does Altisource collect my personal information? | We collect your personal information when you access our websites, for example, when you:
|
Why can't I limit all sharing? | Federal law gives you the right to limit only:
|
Definitions | |
Affiliates | Companies controlling Altisource, and companies related by common ownership or control. They can be financial and nonfinancial companies. Our Affiliates include companies such as Altisource Business Solutions, Inc., Altisource Business Solutions Private Limited, Altisource Fulfillment Operations, Inc., Altisource Fulfillment Operations, Inc. d/b/a Owners.com Loans, Altisource Holdings, LLC, Altisource Holdings S.Ã r.l., Altisource Online Auction, Inc., Altisource Outsourcing Solutions S.R.L., Altisource Portfolio Solutions, Inc., Altisource Solutions, Inc., Altisource Solutions S.A., Association of Certified Mortgage Originators Risk Retention Group, Inc., Association of Certified Originators, CastleLine Re, Inc., CastleLine Risk and Insurance Services, LLC, GoldenGator, LLC, Hubzu USA, Inc., Nationwide Credit, Inc., Premium Title Services, Inc., Premium Title of California, Inc., Premium Title Agency, Inc., PTS- Texas Inc., REALHome Services and Solutions, Inc., REIsmart, LLC, Springhouse, LLC, The Mortgage Partnership of America, LLC, Western Progressive - Arizona, Inc., Western Progressive - Nevada, Inc., Western Progressive Trustee, LLC, Western Progressive - Washington, Inc. |
Non-affiliates | Companies not related by common ownership or control. They can be financial and nonfinancial companies. |
Joint Marketing | An agreement between non-affiliated financial companies that together market financial products or services to you. |
Other important information |
For Nevada residents only: We are providing you this notice under state law. You may be placed on our internal Do Not Call List by calling the telephone number listed in the Choice/Opt-Out Section of the Online Privacy Policy below. Nevada law requires we provide the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number- 702.486.3132; email: BCPINFO@ag.state.nv.us. |
Vermont: Under Vermont law, we will not share information we collect about Vermont residents with companies outside of our corporate family, unless the law allows. For example, we may share information with your consent to service your accounts or with other financial institutions with which we have joint marketing agreements. We will not share information about your creditworthiness within our corporate family except with your consent, but we may share information about our transactions or experiences with you within our corporate family without your consent. |
California: Under California law, we will not share information we collect about you with companies outside of Altisource, unless the law allows. For example, we may share information with your consent, to service your accounts or to provide rewards or benefits to which you are entitled. We will limit sharing among our companies to the extent required by California law. |
This Online Privacy Policy ("Policy") applies only to natural persons who browse or view the Sites (as defined below).
This Policy describes how Altisource Solutions S.Ã r.l. and its Affiliates and subsidiaries (collectively "Altisource", "us", "our" or "we") collect, share, use and protect certain personal information from or about you through any online interface (e.g., website or mobile application) owned and controlled by us that links to or references this Policy (each a "Site"). We will use and share any information that we collect from or about you in accordance with this Policy and the Altisource U.S. Consumer Privacy Notice ("Notice") above, which provides certain choices in the use and sharing of information. Please note, however, that this Policy is not an exclusive statement of our privacy principles across all our portfolio of products and services. Other privacy principles or policies may apply depending on the products or services you obtain from us, please review carefully all the notices and policies included in each website you access. Your use of the Sites constitutes your agreement to the terms and conditions of this Policy and any other policies linked to or referenced in such Sites. This Policy hereby incorporates the defined terms set forth in the Notice.
In the event that we receive any information pertaining to You through any third party with whom we have a separate agreement, our rights to use such information will be governed by such separate agreement rather than this Policy.
Personally Identifiable Information ("PII") PII is information that can be used (either alone or in combination with other information) to identify, contact or locate a unique person. This includes a person's first name and last name or first initial and last name in combination with any one or more of the following data elements that relate to the person:
We may obtain PII about you directly from you, through your use of our Sites, products and services and from third parties and public sources.
If you create an account, and provided that your account is not disabled, you may log in to review or change certain PII you provided when you registered. However, you may not request changes to the transaction history related to your activities conducted on this or other Sites or on third-party websites.
We also use cookies (pieces of information stored directly on the device you are using), pixel tags, and similar technologies to provide enhanced functionality on the Sites (e.g., user ID and password prompts), aggregate traffic data (e.g., what sites are the most popular) and collect information about you. We collect information about the site you came from, the parts of our online service you access, and the site you visit next. You can refuse to accept cookies, and most devices and browsers offer their own privacy settings for cookies. You will need to manage your cookie settings for each device and browser you use. However, if you do not accept these cookies, you may experience some inconvenience in your use of the Sites (including the inability to visit certain pages or use certain features on the Sites). Some devices and browsers permit you to broadcast a preference that you not be "tracked" online, at this time we do not modify your experience based upon whether such a signal is broadcast. Currently, our systems do not recognize browser "do-not-track" requests.
We may also collect information about you from additional online and offline sources including commercially available third-party sources. We may combine this information with the PII and other information we have collected about you under this Policy.
In addition and notwithstanding anything in this Policy, Altisource will have the right to collect aggregated or de-identified data (e.g., data that does not identify an entity or natural person as the source thereof) resulting from your use of the Sites. To the extent that any aggregated or de-identified data is collected by us, we may use such data for any lawful purpose, provided that the data is used only in its aggregated or de-identified form.
Payment Card Information
We may accept payment card information to provide our customers with the convenience of purchasing our products and services online. Payment card information is defined as a credit card number (also referred to as a primary account number or PAN) in combination with one or more of the following data elements:
Any payment card information that we collect is protected by Secure Sockets Layer encryption technology. Once submitted, we store only the information required to reference your original transaction (which cannot be used to process another charge transaction). We do not store your payment card information on file.
We may use the PII and other information we collect to:
We also may use the PII and other information in other ways consistent with the Notice or for which we provide specific notice at the time of collection, or for other legally permissible purposes related to our business.
Transfer of Information
We may share information, including PII, with third parties (such as buyers, assignees or other successors) in the event we sell or transfer all or a portion of our business or assets (such as in connection with a merger, acquisition, reorganization, debt financing, insolvency, bankruptcy, dissolution, sale, change of control, or liquidation), or take steps in anticipation of such transactions.
Law Enforcement, Disputes and Safety
We may share information, including PII, in connection with any lawsuit or proceeding, or in response to legally valid requests or demands from courts, law enforcement and other government agencies. Furthermore, we may disclose your information, including your PII, if we have a good faith belief disclosure of such information is reasonably necessary to satisfy any applicable law, regulation or selfregulation. We may also disclose your information to prevent fraud, for risk management purposes, or protect the safety of other users.
Links and Social Media
The Sites may contain links to non-Altisource websites. Please be aware that we are not responsible for the content or privacy practices of those websites, you should review their privacy and security policies and other terms and conditions, as they may be different from those of our Sites. Altisource may provide experiences on social media platforms that enable sharing and collaboration among users who have registered to use them. Your use of such platforms and the content you post on Altisource's managed
social media pages is subject to the Terms of Use and Privacy Policies of those respective platforms. In addition, please note that when visiting and/or using such Altisource managed social media sites, you are also subject to Altisource's policies.
Consent to Transfer Information
If you are accessing the Sites from outside of the United States, please be aware that any information that we collect may be transferred to, processed and stored in the United States. If you are accessing the Sites from the United States, please be aware that any information that we collect may be transferred to, processed and stored outside of your state or outside of the United States. Your use of the Sites constitutes your agreement to this transfer, processing and storage of your information.
Children
Altisource does not knowingly collect information from children. Our products and services are not directed to or intended for children under the age of
13.
Choice/Opt-Out
From time to time, we may send you communications, including e-mails, e-mail newsletters or Site news updates. If you no longer wish to receive these materials from us you may opt-out of receiving them; provided, however, that we may be required to continue to send certain legally-required or productupdate notices. This opt-out will not apply to transaction-related communications.
Opt-Out Procedure: In compliance with the Can-Spam Act of 2003, each marketing email transmitted by the Sites has instructions for opting out of receiving future emails. If you wish to opt-out of receiving marketing emails or phone calls from Altisource please send us an email to: OptOutRequest@Altisource.com; or call us at 1-855-373-7205.
We may change this Policy and/or the Notice from time to time. Please review these documents periodically. Any change to this Policy or the Notice will become effective when posted. Your use of this Site following such revisions constitutes your agreement to the revised Policy or Notice.
Welcome and thank you for choosing Equator! Please read the following Terms of Use carefully before using this site, our software, other website(s), platforms or other products including but not limited to Equator.com, Revolution Basic, Revolution+, EQ Workstation, EQ Marketplace, Revolution Agent, Revolution Vendor, Revolution Assistant or any other Equator services or software that directly display or link to these Terms of Use (the "Site(s)"), so that you are aware of your legal rights and obligations with respect to Altisource S.à r.l. and any of our affiliates and subsidiaries (individually and collectively, "Equator"). If you do not agree to these Terms of Use, do not submit information to, or access any information from, the Site(s).
By using this Site(s), you signify your irrevocable acceptance of these Terms of Use.Equator has the right to revise these Terms of Use at any time without providing notice to its users and you agree to be bound by the latest version of the Terms of Use and as such, are responsible for regularly reviewing these Terms of Use.You can review the most current version of the Terms of Use at any time at: https://www.equator.com/global/home/?termsofuse=1/. Additional terms may govern use of certain Web Site(s) or Web pages within the Site(s).In the event that any provision, term or guideline contained on a particular Web Site or Web page in the Site(s) conflicts with the Terms of Use, the terms of such Web Site(s) or Web page shall control over the Terms of Use except with respect to the General Terms set forth below, which shall at all times control.
Equator reserves the right to change, modify, suspend or discontinue any portion of the Site(s) at any time. Equator may also impose limits on certain features or restrict your access to parts or the entire Site(s) without notice or liability.
Privacy
Your privacy is very important to us at Equator.To better protect your rights we have created the Equator Privacy Statement to explain our privacy practices in detail.To read the Equator Privacy Policy, please access our Privacy Statement at: https://www.equator.com/global/home/?privacypolicy=1.As a registered user, you hereby grant Equator the permission to communicate with you via email (as well as other communication channels such as phone and fax) for any purposes Equator determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages and under no circumstances will Equator have any liability for sending any email to its registered users.
Use of Site(s)
The Site(s) are designed to provide information about, but not limited to, real estate, REO properties, short sale properties, loan segmentation, agents, brokers, listings, vendors, marketing, real estate services, Equator and its affiliates.The information and services offered on the Site(s) are provided solely for general information, do not constitute (a) real estate, legal, tax, accounting or other professional advice, or (b) an offer to sell or lease real estate, and may not be used to determine an individual's eligibility for credit, insurance, or employment.BY USING THE SITE(S), YOU IRREVOCABLY ACKNOWLEDGE AND AGREE THAT EQUATOR IS NOT A REAL ESTATE AGENT, REAL ESTATE BROKER, MORTGAGE BROKER OR MORTGAGE LENDER UNDER U.S. REAL ESTATE LAWS AND EQUATOR DOES NOT AID, ADVISE OR ASSIST BORROWERS IN THE ADVISABILITY OF INVESTING, PURCHASING, SELLING, AND OBTAINING REAL ESTATE, REO, SHORT SALE OR OTHER REAL ESTATE PRODUCTS NOR DOES IT SOLICIT BORROWERS OR LENDERS TO BUY OR SELL REAL ESTATE, OR NEGOTIATE OR MAKE LOANS SECURED BY LIENS ON REAL PROPERTY.EQUATOR DOES NOT ENDORSE OR RECOMMEND ANY PARTICULAR REAL ESTATE PRODUCTS OR SERVICES.NOTHING IN THE SERVICE IS INTENDED TO BE PROFESSIONAL ADVICE, INCLUDING BUT NOT LIMITED TO, REAL ESTATE OR TAX ADVICE.EQUATOR MERELY PROVIDES TECHNOLOGICAL TOOLS THAT VENDORS, BROKERS, AGENTS, BUYERS, SELLERS AND OTHER INDIVIDUALS AND/OR COMPANIES MAY USE TO TRANSACT BUSINESS AND EQUATOR IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN BUYERS, AGENTS, BROKERS, LENDERS, SELLERS AND ANY OTHER RELATED PARTY, AND IS NOT THE AGENT OF, NOR HAS ANY AUTHORITY ON BEHALF OF ANY OF THE AFOREMENTIONED PARTIES OR ANY OTHER THIRD PARTY, FOR ANY PURPOSE WHATSOEVER.AT NO TIME AND IN NO EVENT SHALL EQUATOR BECOME INVOLVED IN ANY DISPUTE OR TRANSACTION BETWEEN THE AFOREMENTIONED PARTIES OR HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, MAKING OR GUARANTEEING ANY PAYMENT THAT MAY COME DUE AS A RESULT OF ANY TRANSACTION OR AGREEMENT BETWEEN THE AFOREMENTIONED PARTIES.
Proprietary EQ Content
The information, data, text, software, files, icons, video clips, specifications, photographs, images, graphics, literature, technical information, advertisements, organization, layout, design, copyrighted materials, trademarks, trade dress, and other content contained on or provided through the Site(s) (collectively, the "EQ Content") are owned by Equator and its licensors, and are protected by applicable United States and international copyright and other intellectual property rights, laws and treaties. The EQ Content provided through the Site(s) includes proprietary databases of commercial or residential real estate information, which includes information, text, photographic and other images and data contained therein, and the proprietary organization and structures for categorizing, sorting and displaying such information. The Site(s) and EQ Content include any derivatives, successors, updates or modifications provided thereto and created therefrom and any information derived from the use of the databases accessed through the Site(s).
Any copying, modification, display, performance, publishing, licensing, creation of derivative works, framing in other web pages, use on other web sites, uploading, reproduction, transmittal or redistribution of the EQ Content which is not expressly authorized by these Terms of Use is strictly prohibited. You understand and agree that making modifications to, creating derivative works based on, or any unauthorized use of, the EQ Content or any other elements of the Site(s), is expressly prohibited. You also agree not to transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from Equator, including without limitation, engaging in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information.
You agree to treat all information and EQ Content obtained from the Site(s) as proprietary to Equator except for content you have uploaded to the Site(s). Equator does not ensure the accuracy of, endorse or recommend any EQ Content and you accordingly agree to use such EQ Content at your own risk. Equator grants you a limited license to access and use the EQ Content solely for informational, personal, non-commercial purposes (including printing individual pages from the Site(s) provided that you retain all copyright and other proprietary notices contained thereon) and in no manner access or use the Content (directly or through any automated device) for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way, including, without limitation, to reproduce any Content for or in connection with any other listing service or device.
Third Party Site(s), Third Party Content and Services
The Site(s) and any elements contained therein may include content that is incorporated, transmitted, linked via webpage or via click-through advertising ("Third Party Content"), and include software, applications and services owned and controlled by third parties ("Third Party Services"). Nothing contained in any of the Third Party Content or Services is an offer or promise by Equator to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, Equator does not make any representation or warranty with respect to such Third Party Content or Third Party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You acknowledge that Equator does not screen or approve Third-Party Content or Third Party Services, and that Equator shall have the right (but not the obligation) in its sole discretion to refuse, modify, or delete any Third Party Content or Third Party Services that is available via the Site(s), for any reason. You are responsible for confirming the sufficiency and reliability of any Third Party Content along with associated Third Party Services or vendors, which are provided through the Site(s) "AS IS", and do so at your own risk. Further, please note that certain of the interactive Third Party Content may be financial or mortgage tools that provide information and customized information based on user-inputted data. These tools are for the purpose of performing calculations, and are not an offer to lend. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.
YOU HEREBY RELEASE EQUATOR FROM ANY AND ALL CLAIMS, DEMANDS, LIABILITY AND DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF EQ CONTENT OR THIRD PARTY CONTENT AND RELATED THIRD PARTY SERVICES OR VENDORS AND YOU AGREE TO INDEMNIFY AND HOLD EQUATOR, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY THIRD PARTY CONTENT THAT IS AVAILABLE OR PROVIDED TO YOU BY THE SITE(S) AND/OR EQUATOR AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE.
Use of such Third party software, Third Party Content or Third Party Services is subject to the terms and conditions of the applicable third party license agreements, is the sole responsibility of the third party originator of such software or services and you agree to look solely to the applicable third party and not to Equator to enforce any of your rights. All modifications or enhancements to the Site(s) remain the exclusive property of Equator. The Site(s) are a collective work and are Equator copyrighted material. Access to and use of the Site(s) is expressly governed by these Terms of Use. You agree not to take any action to jeopardize, limit or interfere with Equator's ownership of and rights with respect to the Site(s) and EQ Content. You also agree not to implement or otherwise use automation tools to connect to, modify, or monitor the Site(s) and its elements.
Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON ANY AND ALL ELEMENTS OF THE SITE(S) IS AT YOUR SOLE RISK AND ITS SOFTWARE, EQ CONTENT, THIRD PARTY CONTENT OR USER CONTENT (AS DEFINED HEREIN; COLLECTIVELY, THE "CONTENT(S)"), AND ITS FUNCTIONALITY IS PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE". EQUATOR DISCLAIMS ANY AND ALL WARRANTIES, CLAIMS, GUARANTEES OR REPRESENTATIONS WITH REGARD TO THE APPROPRIATENESS, ABILITY, ACCURACY, SUFFICIENCY, CORRECTNESS, SECURITY OF DATA OR CONTENT, THE LOSS OF ANY LISTINGS, DATA, CONTACTS OR CONTENT, VERACITY, VALUE, COMPLETENESS, OR TIMELINESSS OF THE SITE(S). EQUATOR DISCLAIMS ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES WITH RESPECT TO THE SITE(S), INCLUDING WARRANTIES OF SATISFACTORY QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, WORKMANLIKE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, EQUATOR DOES NOT WARRANT THAT THE SITE(S) AND THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SITE(S) AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, ERRORS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS THAT WILL PREVENT TRANSMISSION FAILURES. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE(S) REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Limitation of Liability
IN NO EVENT SHALL EQUATOR BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE, OR IMPUTED)), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION ANY LOSS OF CONTENT(S), LOSS OF DATA, LOSS OF USE, LOSS OF PROFITS, LOSS OF SERVICE, COMPUTER FAILURE, THE PROVISION OR FAILURE TO PROVIDE SERVICES, SECURITY OF THE SITE(S), UNAVAILABILITY OF THE SITE(S), THE DELETION OF ANY AND ALL DATA AND CONTENT STORED IN YOUR ACCOUNT OR PECUNIARY LOSS) ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE, PERFORMANCE OR INABILITY TO USE THE SITE(S) OR RELATED SERVICES INCLUDING ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SITES, AND ALL OTHER USES OF THE SITES, WHICH ARE DONE AT YOUR OWN DISCRETION AND RISK. YOU AGREE TO BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGES EVEN IF EQUATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SITE(S) IS TO DISCONTINUE ANY USE OF THE SITE(S) SUBJECT TO ANY OTHER REMEDIES PROVIDED HEREIN.
Term of Use
The license for use of the Site(s) is effective until terminated. This license will terminate as set forth within these Terms of Use or if you fail to comply with any term or condition of these Terms of Use. In such event, no notice shall be required by Equator to immediately effect such termination.
User Content and Online Conduct
With respect to any and all listings, data, contacts text, graphics, descriptions, photographs, messages, video and any other content you elect to upload, post, e-mail or otherwise transmit to Equator through the Site(s) ("User Content"), you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation, credentials or licenses with any person or entity. Equator does not guarantee the privacy or security of any Content being transmitted through the Site(s). By transmitting User Content to or through the Site(s), you grant Equator, its affiliates, and licensees the royalty-free, fully paid, perpetual, irrevocable, non-exclusive and fully sub- licensable worldwide right and license to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, distribute, sell, and take any other action with respect to such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed and to grant and authorize sublicenses (through multiple tiers) of the foregoing. You further acknowledge and agree that Equator may preserve any such User Content and may also publicly disclose such User Content in its sole discretion. You grant, represent and warrant that:
You also agree that if you share User Content in public areas of the Site(s) or in shared areas available to others you've chosen from your account or associated accounts, anyone you've shared content with may use that content subject to existing laws and subject to certain account restrictions that Equator may provide you with pursuant to your account. If you give others access to User Content, you grant them free, nonexclusive permission to use, reproduce, distribute, display, transmit, and communicate to the public the User Content solely in connection with the service and other products and services made available by Equator except as limited by you. If you don't want others to grant those rights, you should not use the Site(s) to share User Content. Please also note that your account(s) may have quotas on the amount of emails you can send per month as well as storage limits. If you exceed these quotas you will be charged extra fees which will be billed to you monthly.
You expressly understand and agree that you, and not Equator, are solely and entirely responsible for all User Content that you upload, download, post, email, transmit or otherwise make available via the Site(s) including any and all listings or displays of listings that you provide or otherwise make available via the Site(s). You also expressly understand and agree that you, and not Equator, are solely and entirely responsible for refraining from disclosing any confidential, private, non-public or personal information ("NPPI"). Please respect the rights of NAR, MLS, Internet Data Exchanges, real estate agents, real estate brokers, customers and other third parties whose Third Party Content may be protected by copyright. Equator does not guarantee the privacy or security of any User or Third Party Content being transmitted through the Site(s) and Equator does not control, verify, or monitor any User or Third Party Content posted via the Site(s) by any visitors to the Site(s) and does not guarantee the accuracy, integrity or quality of such content. You agree that you must evaluate, and bear all risks associated with, the use of any User or Third Party Content, including any reliance on the accuracy, completeness, or usefulness of such and acknowledge that you must independently verify any Content and not exclusively rely on any Content submitted to Equator or any other users of the Site(s) through the Site(s).
You understand and agree that Equator shall have the right to use any User Content for any purpose, including without limitation, publication of all or part of such User Content on the Site(s) and any in any other forum or medium for unrestricted use by Equator for its users and partners. Equator shall have the sole authority to choose the manner in which any User Content will be received, displayed and used by the Site(s), and it reserves the right to remove any User Content or refuse access to the Site(s) to anyone at any time in its sole discretion. Equator shall have no obligation to (i) resolve disputes among users of the Site(s); or (ii) monitor or verify the accuracy or proper use of any User.
YOU ARE RESPONSIBLE FOR BACKING UP OR EXPORTING THE EQ CONTENT, THIRD PARTY CONTENT AND USER CONTENT THAT YOU STORE ON THE SITE(S) TO ENSURE YOU PRESERVE YOUR CONTENTS OUTSIDE OF YOUR ACCOUNT(S). IF YOUR SERVICE IS SUSPENDED OR CANCELED, EQUATOR MAY PERMANENTLY DELETE YOUR OR OTHER CONTENTS FROM ITS SERVERS AT ITS SOLE DISCRETION AND YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHT TO SUCH CONTENTS IN THE EVENT OF A CANCELLATION OR SUSPENSION. EQUATOR HAS NO OBLIGATION TO RETURN CONTENTS TO YOU AFTER THE SERVICE IS SUSPENDED OR CANCELED. IF CONTENTS ARE STORED WITH AN EXPIRATION DATE, EQUATOR MAY ALSO DELETE THE CONTENTS AS OF THAT DATE. CONTENT THAT IS DELETED MAY BE IRRETRIEVABLE.
REPRESENTATIONS AND WARRANTIES
You represent, promise and warrant that you agree to only access or use the Site(s) only for legal purposes that are permitted by these Terms of Use. Among other things, you agree that you:
You also agree that you will not:
Equator may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize Equator to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you. If Equator has reasonable grounds to suspect that your representations, warranties or promises are inaccurate or in breach, Equator may suspend or terminate your account, deny any or all use of the Site(s), and pursue any appropriate legal remedies. In addition, Equator reserves the right, in its sole discretion, to modify or discontinue the Services or any portion thereof, with or without notice, and without liability to you.
Accounts and Security
To use and access exclusive and proprietary elements of the Site(s), you must register with Equator to open an account ("Account"). As part of the registration process, each user will select a password and user name. You shall provide Equator with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Account. You may not (i) select or use a user name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a user name that Equator, in its sole discretion, deems inappropriate or offensive. You further expressly understand and agree that if you are establishing your Account on behalf of a corporate entity or in fulfillment of your duties/responsibilities to same (the "Parent Company"), that your Account will be ultimately owned and controlled by such Parent Company; provided that, this shall not in any manner limit or mitigate your responsibilities, obligations or liabilities as set forth in these Terms of Use. Upon the termination of your service with your Parent Company for any reason, or upon written notice from the Parent Company, your Account will be immediately surrendered and controlled entirely by the Parent Company, including, without limitation, resetting the username and password on the Account.
Your Account may not be assigned, sublicensed, transferred, or shared with any other individual or entity, and you expressly agree not to provide any other entity your password or otherwise allow them to use or access your Account. You agree to notify Equator of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. It is your sole responsibility to protect your user name and password and not share your password with any other people. Accordingly, you understand and agree that you shall be liable for any activity performed by any people using the Site(s) under your user name and password.
You are solely responsible for your dealings with third parties (including advertisers) who use the Site(s), including as to the delivery of and payment for goods. This applies whenever you use your Equator ID. When you use your Equator ID to gain access to any website, the terms and conditions for that website, if different from these Terms of Use, may also apply to your use of that website. For some parts of the Services offered through the Site(s), you may be able to set up additional accounts that are dependent on your Account ("Associated Accounts"). You are responsible for all activity that takes place with your Account and any Associated Accounts. If you use an associated account, you acknowledge that the holder of the service account has full control over your associated account.
Equator may immediately terminate your Account, or suspend your access to your Account, with or without notice, for conduct that Equator believes is: (i) illegal, fraudulent, harassing or abusive; (ii) a violation of these Terms of Use or any other policies or guidelines posted by Equator; or (iii) harmful to other users, third parties, or the business interests of Equator. Use of an Account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to you. You shall be liable for any activities on or uses of your account even if such activities or uses were not committed by you. Upon termination of your Account by Equator for any of the above-mentioned reasons, you may not establish a new Account for a period of not less than one year from the date of termination. Upon termination of your Account, Equator will have no obligation to notify any third parties nor will Equator be responsible for any damages that may result or arise out of termination of your Account.
Equator shall provide you with the opportunity in your account settings to opt out of receiving third- party message or marketing materials and/or of opting out of client, lender or task related messages. However, Equator reserves the right to contact you for critical system, client or other service, invoice or agent specific Equator related messages that may require you to take certain actions . You also agree that any phone conversations that you may have with Equator concerning or related to the Site(s), the Content(s) and/or your Account(s) may be recorded by Equator for training purposes.
Equator will charge you for your use of certain functionality on the Site(s) and EQ Content that may be provided through those sections of the Site(s) such as monthly subscriptions, product upgrades, invoice modules, service fees, purchases, product features, or other services offered through the Site(s) ("Paid Feature(s)"). You agree to timely pay for all Paid Features of the Site(s) that you utilize whether by credit card, debit card, ACH, PayPal or other means provided by the Site(s). Equator will not take your payment until you have affirmatively clicked on the "I Agree" or "Accept" buttons provided for each Paid Feature. For each Paid Feature that you agree to purchase, you will be charged a fee according to the current Equator fee structure for each Paid Feature that will be provided to you before payment.
Invoice Services Agreement
Lenders utilizing the Equator Invoicing Module ("Module") will require that all Invoices be entered through the Site(s), or direct integration with Equator where applicable. By using the Module, you will be able to participate in an automated electronic submission process with enhanced search and reporting capabilities. Users will be charged a fee by Equator for use of the Module. A fee of one percent (1%) of the invoice amount will be incurred at the time an invoice is approved through the Module ("Invoice Fee") and the total of these fees shall be billed to you monthly by Equator. The minimum fee per invoice is One Dollar ($1.00) and the maximum fee per invoice is Five Dollars ($5.00). There will be no fee charged for "rejected" invoices. Agents will have a maximum "cap" of Twenty Dollars ($20.00) per property.
Agent Scorecard
If you choose to utilize the Agent Scorecard feature you agree that the statistical data ("Data") displayed on the Agent Scorecard ("Scorecard") is confidential and belongs exclusively to the respective Lender or Servicer for whom you are performing work.As such, you are expressly prohibited from disclosing or disseminating the Data in any way.Data displayed on this scorecard may differ from the Data displayed to each Lender or Servicer and Equator does not participate in, have the ability to modify, or control the Data contained in the Scorecard in any way.
INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EQUATOR, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, PARENT COMPANIES, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES (COLLECTIVELY, THE "INDEMNIFIED PARTIES"), AT YOUR EXPENSE, AGAINST ANY AND ALL THIRD-PARTY CLAIMS, ACTIONS, PROCEEDINGS, AND SUITS AND ALL RELATED LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND OTHER DISPUTE RESOLUTION EXPENSES) INCURRED BY ANY INDEMNIFIED PARTY ARISING OUT OF OR RELATING TO YOUR (I) VIOLATION OR BREACH OF ANY TERM OF THIS TERMS OF USE OR ANY POLICY OR GUIDELINES REFERENCED HEREIN, (II) USE OR MISUSE OF THE SITE(S), THE CONTENTS, INCLUDING ANY EQ, THIRD PARTY OR USER CONTENT, OR ANY OTHER ELEMENT OF THE SITE(S) THAT IS TRANSMITTED, E-MAILED, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE SITES(S) AND/OR EQUATOR AND/OR ITS THIRD PARTY ADVERTISERS.
Notification of Copyright Infringement
Equator will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through the Site(s), please notify Equator's Legal Department.
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below (the "Notice"), and must include substantially all of the following: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed; (b) a description of the copyrighted work or works that you claim have been infringed ("Infringed Work") and identification of what material in such work(s) is claimed to be infringing ("Infringing Work") and which you request to be removed or access to which is to be disabled; (c) a description of the exact name of the file on the Site(s) (and the location of the file, if it appears on the Site(s) that you claim is infringing or if the Infringed Work appears on a site linked to from the Site(s) where the material that you claim is infringing is located on such site; (d) information sufficient to permit Equator to contact you, such as your physical address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.
To reach Equator's IP Agent for Notice of claims of patent, trademark, or copyright infringement, send your Notice to IP Administrator, Legal Department, Altisource S.à r.l. , 40, avenue Monterrey, L-2163 Luxembourg City, Luxembourg, via electronic mail at ipcounsel@altisource.com. The Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring or through the Site(s).
Severability
If any provision of these Terms of Use shall be deemed unlawful, invalid, void, or for any reason unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations contained herein, then that provision shall be deemed severable from these Terms of Use, and will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and shall not affect the validity and enforceability of any remaining provisions. Unless otherwise specified herein (or in any other definitive written agreement between you and Equator), these Terms of Use constitute the entire agreement between you and Equator with respect to the Site(s) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Equator with respect to the Site(s). A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Trademarks
All trademarks, service marks, logos, trade names, and any other proprietary designations of Equator used herein are trademarks or registered trademarks of Equator. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.
Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by Equator to accept the terms and conditions of these Terms of Use, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms of Use. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE(S) OR SERVICES OFFERED BY EQUATOR. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
Miscellaneous
Equator reserves all rights not expressly granted herein. Equator may modify these Terms of Use at any time by posting the revised Terms of Use on the Site(s). Your continued use of the Site(s) shall constitute your acceptance of such revised Terms of Use. You may not assign any rights granted to you hereunder. Nothing in these Terms of Use shall constitute an employer/employee relationship, partnership, agency or joint venture between you and Equator as a result of these Terms of Use or accessing or using the Site(s). Equator's performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Equator's right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the Site(s) or information provided to or gathered by Equator with respect to such use.
The failure of Equator at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing by Equator. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law rules. ANY CLAIM THAT YOU MAY HAVE AGAINST EQUATOR, INCLUDING WITHOUT LIMITATION, CLAIMS ARISING OUT OR RELATING TO THESE TERMS OF USE, THE SITE(S), THE CONTENT(S), YOUR ACCOUNT(S) AND/OR ANY INDEMNIFIED PARTY UNDER THESE TERMS OF USE, WILL BE SUBJECT TO, AND RESOLVED BY, FINAL AND BINDING ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF, INCLUDING WITHOUT LIMITATION, DECLARATORY OR INJUNCTIVE RELIEF, ONLY WITH RESPECT TO YOU AS AN INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY YOUR INDIVIDUAL CLAIM. YOU AGREE YOU MAY BRING CLAIMS AGAINST EQUATOR OR AN INDEMNIFIED PARTY ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, REPRESENTATIVE PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR COLLECTIVE PROCEEDING AND THAT BY ENTERING INTO THESE TERMS OF USE, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. FURTHER, UNLESS BOTH YOU AND EQUATOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID. THESE TERMS OF USE EVIDENCE A TRANSACTION IN INTERSTATE COMMERCE SO THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION FOR CLAIMS YOU MAY HAVE AGAINST EQUATOR. YOU SHALL NOT BE REQUIRED TO PAY ANY COST OR EXPENSE OF THE ARBITRATION THAT YOU WOULD NOT BE REQUIRED TO PAY IF THE MATTER HAD BEEN HEARD IN A COURT.THE DECISION OF THE ARBITRATOR SHALL BE ISSUED AS A WRITTEN OPINION AND SHALL PROVIDE THE REASONS FOR THE AWARD UNLESS THE PARTIES AGREE OTHERWISE.THE ARBITRATOR SHALL NOT HAVE THE POWER TO COMMIT ERRORS OF LAW OR LEGAL REASONING AND THE AWARD MAY BE VACATED OR CORRECTED ON APPEAL TO A COURT OF COMPETENT JURISDICTION FOR ANY SUCH ERROR.THE AVAILABILITY OF JUDICIAL REVIEW AS EXPLAINED IN THE PRECEDING SENTENCE SHALL BE GOVERNED BY THE CALIFORNIA ARBITRATION ACT, CCP SECTIONS 1280, ET. SEQ.EXCEPT AS OTHERWISE INDICATED ABOVE, THIS AGREEMENT SHALL BE ENFORCEABLE UNDER AND SUBJECT TO THE FEDERAL ARBITRATION ACT, 9 U.S.C. SECTIONS 1 ET. SEQ. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS OF USE.ANY ARBITRATION THAT TAKES PLACE FOR CLAIMS YOU HAVE AGAINST EQUATOR SHALL OCCUR IN THE COUNTY OF LOS ANGELES (CALIFORNIA). ANY ARBITRATION ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE CONDUCTED BEFORE A SINGLE NEUTRAL ARBITRATOR IN ACCORDANCE WITH THE EXPEDITED PROCEDURES SET FORTH IN THE JAMS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES AS THOSE RULES EXIST ON THE EFFECTIVE DATE OF THIS AGREEMENT, INCLUDING RULES 16.1 AND 16.2 OF THOSE RULES.A COPY OF THE JAMS RULES MAY BE OBTAINED AT THE JAMS WEBSITE AT WWW.JAMSADR.COM.
You irrevocably consent to arbitration in the County of Los Angeles, California for any and all claims arising out of or relating to your use of the Site(s) and the Contents that Equator has against You.The terms set forth in these Terms of Use and any agreements included or referred to in these Terms of Use constitute the final, complete and exclusive agreement with respect to the Site(s) and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. Access to or use of the Site(s) is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.
If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site(s), please contact us at info@equator.com.
Updated - 12/27/2017